Bill > HB5083

This bill introduces significant changes to the rule-making process for state agencies in Texas, focusing on increasing transparency, accountability, and economic efficiency. The bill requires state agencies to obtain express statutory delegation of authority before adopting rules or issuing guidance documents, preventing agencies from creating rules based on broadly interpreted legislative intent. Agencies must now prepare comprehensive cost-benefit analyses for proposed rules, detailing expected public benefits and economic costs for the first six years of implementation, and are prohibited from adopting rules where the compliance costs exceed the public benefits. The bill also establishes a mandatory rule expiration mechanism, where all existing rules will automatically expire after 12 years unless readopted through a rigorous review process that includes reassessing the rule's continued necessity, potential alternatives, and economic impact. Additionally, the bill enhances public transparency by requiring agencies to publish cost-benefit analyses, rule expiration dates, and provide opportunities for stakeholder input. Agencies that seek to enforce rules lacking express statutory authority may have their enforcement actions invalidated, and respondents can request a declaratory judgment to challenge such rules. The implementation of these changes will be phased in, with most provisions taking effect on January 1, 2026, allowing state agencies time to prepare for the new regulatory requirements.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5083